Erb's Palsy Litigation

Legal action after your child's injury to the brachial plexus could aid you and your family find closure. However, the litigation process is a bit complicated and requires skilled legal representation.

A successful lawsuit could grant your family compensation for child's medical expenses and future treatment. Read on to learn more about the Erb's palsy lawsuit procedure.

The Legal Process

Families file erb's palsy lawyer-Palsy lawsuits to obtain the cost of medical treatment and other expenses. The amount of money that is awarded in a settlement depends on your child's specific case and the severity of their injuries but can easily soar into the thousands of dollars.

Many of the Erb's palsy lawsuits are settled out of court. The lawyers for both the plaintiff and defendant will collaborate to negotiate a settlement that is acceptable to both parties. This can drastically reduce the legal process and save your family from having to face jurors or judges. If your family is unable to reach an agreement on a settlement, you will need to go to the court. This could take a long amount of time, but could also result in a larger amount.

The brachial nerves regulate the movement of the arm. During labor and delivery excessive forceful pulling of the neck, head, or shoulders, or on the arms, can cause nerve damage, resulting in Erb's Palsy. In many instances, Erb's the injury can be prevented. Families file lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also want to spread the word about this birth injury which could have been prevented. In the past these lawsuits have helped families obtain an equitable financial settlement and get their child's life back on path.

Mediation or Arbitration

If your child suffered an injury to the brachial area in the womb due to medical negligence, an Erb's Palsy settlement can help you pay for their treatment. This could include treatment, therapy as well as assistive devices and operations.

Many lawsuits are settled out of court. This allows plaintiffs to receive their compensation faster and eliminates the possibility that a court could invalidate a verdict handed down by the jury. Your lawyer and the hospital's lawyers are likely to attempt to negotiate a settlement prior to when the trial starts.

If you cannot reach an agreement, the case will be taken to arbitration. This means that a neutral third party will be able to hear both sides and determine who wins the case. This type of hearing is more informal than a court case, however, it is crucial to present witnesses and other physical evidence.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. You can choose to have your witnesses attend the hearing or provide their statements via videoconferencing. Subpoenas should be sent in advance to all witnesses in order that they are aware the requirement to be present at the hearing. You should also keep your witnesses' numbers and addresses on file, in case you need to contact them as an upcoming witness.

Complaints in Court

Many children who suffer from Erb's palsy can overcome their physical limitations with intensive daily physical therapy. Some children require surgery to repair the torn nerve fibers. However, a significant proportion of children will not recover in any significant way and will have to live with the limitations of this birth injury for the rest of their the rest of their lives. Parents who believe their child's Erb's paralysis was due to negligence by a medical professional during the birth process have the right claim an appropriate amount of compensation for their child's injuries.

To determine the value of your case Your lawyer will work with doctors who are experts in treating these conditions to develop a life-long cost-of-living estimate. This will allow you to determine the amount of compensation you're entitled to through your Erb's settlement for palsy. Your lawyer can also assist you obtain copies of your child's medical records and investigate whether the doctor who performed the birth of your child had prior experience with similar malpractice cases.

When your lawyer has a clear understanding of your child's injuries after which she will file a lawsuit against the defendants. Both sides will go through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is an important part of your legal case because it helps you build your arguments. Settlements can take up to one year.

Settlement

If your Erb's palsy suit is successful, your lawyer could be able to get compensation that covers medical costs and future treatment costs including adaptive devices and physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will need to collect evidence to prove the negligence that caused the brachial plexus injuries to your child and may include medical documents, witness statements and expert testimony. Once your attorney has gathered this evidence, they will file the lawsuit against the defendants, which are usually the medical professionals who gave your child. The defendants will be given a specified amount of time to reply to the lawsuit, and during this process of discovery both sides will collect more evidence to support their claims.

Most lawsuits are settled out of court instead of going to trial as it is cost-effective for all parties involved. If your attorney is confident that they can win the case at trial, they might decide to try to get a jury verdict. A successful verdict in a birth injury lawsuit can bring families a sense of justice and raise awareness to prevent these types of injuries from happening in the future. If your verdict isn't favorable you may appeal. While this process can take longer however, it could also increase the amount of the compensation you receive.